Table of Contents Issue no. 1/2012


New insights and a better understanding of issues related to the Arctic and the High North
Øyvind Ravna
The EU and the Arctic: European foreign policy in the making
Njord Wegge

Abstract: The EU is currently reviewing its interests in the High North and has
recently started developing an Arctic policy. This article aims at explaining this
foreign policy expansion by applying a theoretical framework consisting of three
levels: (1) the internal level – viewing EU foreign policy (EFP) as the product of an
“organization;” (2) the state level – in specifically accounting for the role played
by external actors, primarily states; and (3) the systemic level – viewing the EU
and its foreign policy as dependent on structural conditions within the global
system. Through interviews, document studies, as well as existing scholarly research,
the article identifies impact from all three analytical levels, including
how the supranational and member-state level combined has been decisive in
shaping the final policy outcome. The research identifies the crucial role played
by other Arctic states, particularly Canada and Norway. Finally, on the systemic
level, key conditions such as global warming and economic forces are recognized
as relevant explanatory factors behind the development of the EU’s Arctic policy.
Key words: EU Arctic policy, European foreign policy (EFP), International relations

Unpredictable consequences of Sámi self-determination – rethinking the legal protection of Sámi cultural heritage in Norway
Marit Myrvoll, Alma Thuestad, Elin Rose Myrvoll and Inger Marie Holm-Olsen

Abstract: Sámi cultural heritage is protected in Norway by the Cultural Heritage
Act. A 1978 amendment to this Act provides automatic protection to all Sámi
cultural heritage sites and buildings older than 100 years. Strong legal protection
has in a very positive and constructive way contributed to Sámi identity
and cultural self-determination for more than 30 years. This article discusses
the current level of protection and different scenarios for future management
of Sámi cultural heritage sites and buildings. Background material includes The
Arctic Review on Law and Politics, vol. 3, 1/2012 p. 30–50. ISSN 1891-6252
unpredictable consequences of sámi self-determination
Norwegian National Sites and Monuments Record, relevant policy documents, and
interviews with Sámi cultural heritage management and three Sámi municipalities.
Our results demonstrate that strong legislation for protection of Sámi
cultural heritage, and thus in favour of Sámi cultural rights, can contribute to
severe restrictions on future planning and development in local communities.
The intent to protect Sámi cultural heritage sites, paradoxically, may in future
threaten traditional Sámi land use.
Key words: Sámi, cultural heritage, cultural heritage management, Norwegian
Cultural Heritage Act (1978), protected sites, Nordland, Troms, Finnmark.

The Coastal Sámi of Norway and their rights to traditional marine livelihood
Steinar Pedersen

Abstract: The coastal Sámi of Norway have, for thousands of years and long
before the Norwegian state was established, relied on a wide range of marine
and terrestrial resources. Due to increased public regulations over the past few
decades, it has become difficult to continue their traditional livelihood, combining
fishery in local seawaters with husbandry or other local industries on land.
Fish quotas have been made tradable, and so to a large extent transferred outside
the local communities. This article presents a short historical background, and
discusses two legal documents from the 18th century, which are relevant for
coastal fishery rights in northernmost Norway. The first is the Lapp Codicil of
1751, which may pertain to the coastal Sámi today when its founding principle
– the preservation of the “Lappish Nation” (Sámi Nation) – is duly considered.
The other document is the Land Acquisition Decree of 1775, which included a
formalization of the sea-fishing rights of the inhabitants of Finnmark.
Key words: Coastal Sámi, Finnmark, ancient use, sea-fishing rights, Lapp Codicil
(1751), Land Acquisition Decree (1775), UN Declaration on indigenous rights

Fiskerigrensesaken mellom Norge og Storbritannia og sakens betydning for norsk rett 60 år senere
Susann Funderud Skogvang
Sammendrag: Fiskerigrensesaken mellom Norge og Storbritannia omhandlet
metoden for opptrekkingen av grunnlinjer og er en viktig folkerettslig avgjørelse,
særlig sett med norske øyne. Forfatteren belyser hvilken betydning historisk bruk
hadde for tolkningen og anvendelsen av folkeretten i Fiskerigrensesaken. Videre
drøftes hvordan saken har bidratt til at spørsmål om private fiskerettigheter
har blitt satt på dagsorden i den rettsvitenskapelige debatt. Norges anførsler
om rettshistoriske forhold knyttet til fiskeriene er derfor fremhevet her.
Fiskerigrensesaken har fått ny aktualitet gjennom arbeidet til Kystfiskeutvalget,
NOU 2008: 5, samt nyere forskning, som vier saken stor plass.

The Anglo-Norwegian Fisheries case of 1951: This paper deals with one of the
most important judgements in international law, concerning the method for
measuring the breadth of coastal states’ territorial waters. The fact that Norway
was a party means that the case has a special interest from a Norwegian point
of view. The paper discusses the Anglo-Norwegian Fisheries case in general
and especially the importance of Norwegian traditional use and national legal
history in International law. Further, the paper asks whether the case has
any importance to questions regarding the right to fish in Norway today. The case has got new actuality through the study of The Coastal Fishing Committee
(Kystfiskeutvalget), published as NOU 2008: 5.
Key words: Fisheries case, National legal history, The right to fish, The Coastal
Fishing Committee.

Norwegian Baselines, Maritime Boundaries and the UN Convention on the Law of the Sea
Bjørn Geirr Harsson and George Preiss
Abstract: With the signing of the recent agreement with Russia concerning the
maritime boundary in the Barents Sea, it can finally be said that all the maritime
delimitation lines with which Norway is concerned have been equitably resolved
in accordance with the UN Convention on the Law of the Sea (UNCLOS). This
paper reviews the events, difficulties, survey procedures and solutions that have
led to the completion of the Norwegian maritime boundary definitions. The various
UNCLOS concepts of baselines and maritime domains (Territorial Waters,
the Contiguous Zone, and the Exclusive Economic Zone) are explained, and reference
is made to important national and international decrees and judgments that have been made over the years. Particular attention is drawn to the impact
and importance of geodetic considerations on maritime boundary definitions.
Practical consequences have arisen through not taking these geodetic impacts
into account, especially since the advent of satellite navigation systems has enabled
much improved positioning accuracy out of sight of land, while enormous
natural resources have been identified and are being extracted from national
maritime domains. The article gives an account of the solutions to these geodetic
difficulties that have been negotiated with neighbouring nations.
Key words: United Nations Convention on the Law of the Sea, UNCLOS, baseline,
territorial sea, contiguous zone, Exclusive Economic Zone = EEZ, maritime
boundaries, geodetic datum, Norway, Jan Mayen, Svalbard, Bouvet Island.